Mahavir Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22551 of 2018 Arising Out of PS.Case No. -520 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mahavir Sah, S/o Khakhan Sah,

2. Reeta Devi W/o Mahavir Sah, Both R/o Vill.- Basopatti Bakuchiya, P.S.- Jogapatti (Sanichari), District- West Champaran at Bettiah. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kr @ Dr. Amrendra Kr For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Yogapatti (Sanichari) P.S.Case nO.520 of 2017 , registered for offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

Allegation against the petitioners, who happens to be fatherin-law and mother-in-law is of causing dowry death. Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against the petitioners rather there is general and omnibus allegation against them. Heard learned A.P.P. and the learned counsel for the informant. They have drawn my attention towards statement of the son of the deceased, who has stated that husband of the deceased

Patna High Court Cr.Misc. No.22551 of 2018 (3) dt.21-06-2018 2/2 has assaulted and further stated that petitioners had taken the dead body.

Having heard both sides and in view of the fact that the allegation of assault is against the husband, as such, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah in connection with Yogapatti (Sanichari) P.S.Case nO.520 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T